Maryland Malpractice Statute of Limitations


The Maryland statute of limitations for medical malpractice claims is designed to restrict, in absolute terms, the amount of time that can lapse between the negligent treatment of a patient and the filing of a Maryland medical malpractice lawsuit relating to that treatment.

Generally, the Maryland statute of limitations requires that all claims be brought within three years. Although many states have a “discovery rule” which allows the statute of limitations to begin running from the time the injury was discovered, the Maryland General Assembly limited this rule by setting a firm deadline that requires any claim be brought within five years from the time of the injury, even if the damages are hidden, undiscovered or undiscoverable.

Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 5-109 (2008)

§ 5-109. Actions against health care providers

(a) Limitations. — An action for damages for an injury arising out of the rendering of or failure to render professional services by a health care provider, as defined in § 3-2A-01 of this article, shall be filed within the earlier of:

(1) Five years of the time the injury was committed; or

(2) Three years of the date the injury was discovered.

(b) Actions by claimants under age 11. — Except as provided in subsection (c) of this section, if the claimant was under the age of 11 years at the time the injury was committed, the time limitations prescribed in subsection (a) of this section shall commence when the claimant reaches the age of 11 years.

(c) Exceptions to age limitations in certain actions. –

(1) The provisions of subsection (b) of this section may not be applied to an action for damages for an injury:

(i) To the reproductive system of the claimant; or

(ii) Caused by a foreign object negligently left in the claimant’s body.

(2) In an action for damages for an injury described in this subsection, if the claimant was under the age of 16 years at the time the injury was committed, the time limitations prescribed in subsection (a) of this section shall commence when the claimant reaches the age of 16 years.

(d) Effect of filing claim. — For the purposes of this section, the filing of a claim with the Health Care Alternative Dispute Resolution Office in accordance with § 3-2A-04 of this article shall be deemed the filing of an action.

(e) Effect of other provisions. — The provisions of § 5-201 of this title that relate to a cause of action of a minor may not be construed as limiting the application of subsection (b) or (c) of this section.

(f) Application. — Nothing contained in this section may be construed as limiting the application of the provisions of:

(1) § 5-201 of this title that relate to a cause of action of a mental incompetent; or

(2) § 5-203 of this title.

Request a Free Consultation with a Maryland Attorney

To determine how the Maryland medical malpractice statute of limitations may apply to a particular claim, request a free consultation. One of our Maryland malpractice attorneys will review the circumstances surrounding the treatment and injury to determine whether there may still be time available to investigate and pursue a potential case.

All cases are investigated and reviewed on a contingency fee basis, which means that there are no fees or expenses unless a recovery is obtained. Contact our Baltimore malpractice lawyers today, as time could be running out on your claim.

Call 1 (800) 522-0102 toll free 24 hours a day, 7 days a week
or submit an online request for a free consultation with a Maryland malpractice lawyer.